Wentlooge 84 acre market garden pre-planning advice

Analysis of the responce from Lucie Taylor
Well…you do need planning permission as its not an existing farm.

Have a look at my interpretation comments in the attached.

They will want a detailed business plan (case) to be submitted with the planning application showing how the farming enterprise will actually make money – this will justify the need for the building.

Lots of surveys and reports will need to accompany the planning application – this is where it gets costly.

•     Application form

•     Correct fee

•     Site location plan

•     Drawings

•     Flood Consequences Assessment

•     Tree/hedgerow survey

•     Preliminary Ecological Appraisal & Ecological Impact Assessment Report

The following would also be required to allow proper assessment of the application:

•     Scheme of ecological mitigation/compensation and enhancements

•     Lighting scheme

•     Construction Environmental Management Plan

•     Informal Landscape Visual Impact Assessment

•     Landscape-Drainage Strategy

•     Business case for the agricultural enterprise

•          Evidence that no other suitable buildings exist in the locality to meet the needs of the agricultural enterprise

•          Visibility splays and plans to demonstrate access and egress in a forward gear

Detail of foul drainage

You will need to speak to the Glamorgan Gwent Archaeological Trust (GGAT) about the need for an archaeology survey first and foremost.

You will need to enter pre application discussions with the council’s drainage department about what drainage details will be needed.

A scaled drawing of the building will be needed for this.

So its not an outright no from them and I think you may be able to get permission but you are talking a number of months to get all your surveys and reports in place prior to submission.

What GGAT have to say and building your case are the most important things right now.

In terms of buying the land- I would ask them if you can enter into an option agreement whereby you buy it if you are able to gain permission. I wouldn’t not buy it without planning permission.

pre-planning advice response
29th June 2021

Dear Jonathan and Holly

PROPOSAL: PRE APPLICATION PLANNING ENQUIRY FOR THE

ERECTION OF A VEGETABLE PRODUCE WAREHOUSE

UNIT AND ASSOCIATED WORKS

SITE: Land North West Of Sluice House Farm, Wentloog Road,

Peterstone, Wentlooge

APPLICATION TYPE: Pre-app Stat Enquiry

I refer to your recent request for pre-application advice in respect of the above.

Outlined below is a preliminary assessment of the proposal, including an indication of the

main issues that should be addressed should you choose to submit a formal application.

Please note that the views expressed in this letter represent officer opinion only and

cannot be taken to prejudice any formal decision of the Council in respect of any

application, on which a more extensive consultation would be carried out which may raise

additional issues. In addition, the depth of analysis provided corresponds with the scope of

information made available to officers.

Site Constraints / Designations

Outside of the urban boundary, within the designated Countryside

Green Belt

Archaeologically Sensitive Area

Special Landscape Area (SLA)

Underdeveloped Coastal Zone

Gwent Levels Special Site of Scientific Interest (SSSI)

Landscape of Outstanding Historic Importance

Flood Zone C1 (defended flood plain)

Parking Zone 6

Planning history

97/0542 PROVISION OF TEMPORARY ACCESS TO

HIGHWAY FOR THE CONSTRUCTION OF

TUNNEL SHAFT D3

Granted with

conditions

98/1253 ERECTION OF 250I\/IM DIAMETER AND 3.5M

HIGH SEWER VENT PIPE ADJACENT TO

TUNNEL SHAFT

Granted

03/1646 RETENTION OF VEHICULAR ACCESS Granted with

conditions

04/0716 VARIATION OF CONDITION 02 (30M HARD

PAVED ACCESS) OF PLANNING

PERMISSION 03/1646 FOR THE RETENTION

OF VEHICULAR ACCESS

Granted with

conditions

Relevant Policy Context and material considerations

Any planning application will be assessed against the policies within the Newport Local

Development Plan 2011-2016 (Adopted January 2015). I have summarised the relevant

policies below, please refer to the LDP for their full content.

Policy SP1 Sustainability favours proposals which make a positive contribution to

sustainable development.

Policy SP3 Flood Risk ensures development is directed away from flood risk areas.

Policy SP5 Countryside limits development outside of the settlement boundary.

Policy SP6 Green Belt restricts development that impacts on the openness of the Green

Belt between Cardiff and Newport.

Policy SP8 Special Landscape Area restricts development that may impact on the

characteristics of the six designated Special Landscape Areas.

Policy SP9 Conservation of the Natural, Historic and Built Environment protects

habitats and species as well as Newport’s listed buildings, conservation areas, historic

parks and gardens, scheduled ancient monuments, archaeologically sensitive areas and

landscape designated as being of outstanding historic interest.

Policy GP2 General Development Principles – General Amenity states that

development will not be permitted where is has a significant adverse effect on local

amenity in terms of noise, disturbance, overbearing, light, odours and air quality.

Development will not be permitted which is detrimental to the visual amenity. Proposals

should seek to design out crime and anti-social behaviour, promote inclusion and provide

adequate amenity for future occupiers.

Policy GP4 General Development Principles – Highways and Accessibility states that

development should provide appropriate access for pedestrians, cyclists and public

transport along with appropriate car parking and cycle storage. Development should not be

detrimental to the highway, highway capacity or pedestrian safety and should be designed

to enhance sustainable forms of transport and accessibility.

Policy GP5 General Development Principles – Natural Environment states that

proposals should be designed to protect and encourage biodiversity and ecological

connectivity and ensure there are no negative impacts on protected habitats. Proposals

should not result in an unacceptable impact of water quality or the loss or reduction in

quality of agricultural land (Grades 1, 2 and 3A). There should be no unacceptable impact

on landscape quality and proposals should enhance the site and wider context including

green infrastructure and biodiversity.

Policy GP6 General Development Principles – Quality of Design states that good

quality design will be sought in all forms of development. In considering proposals, a

number of factors are listed which should be considered to ensure a good quality scheme

is developed. These include consideration of the context of the site; access, permeability

and layout; preservation and enhancement; scale and form of the development; materials

and detailing; and sustainability.

Policy GP7 General Development Principles – Environmental Protection and Public

Health states that development will not be permitted which would cause or result in

unacceptable harm to health.

Policy CE4 Historic Landscapes, Parks, Gardens and Battlefields protects such sites

against the impacts of inappropriate development. They are conserved and the policy

promotes enhancement where possible.

Policy CE6 Archaeology states that proposals in areas known to have archaeological

interest or potentially have archaeological interest will be required to undertake an

archaeological impact assessment.

Policy CE9 Coastal Zone restricts development within the area of the River Usk and

Severn Estuary unless development is required to be on the coast to meet an exceptional

need or it is demonstrated that the area itself is not at risk of flooding, erosion or land

instability.

Policy W3 Provision for Waste Management Facilities in Development states that

where appropriate, facilities for waste management will be sought on all new development.

The following Supplementary Planning Guidance would also be relevant in the

determination of an application:

Archaeology and Archaeologically Sensitive Areas

Wildlife and Development

Parking Standards

Trees, Woodland, Hedgerow and Development Sites

Officer Assessment

This proposal relates to the construction of a single agricultural building with a floor area of

462 m2

to provide a cold storage facility, produce washing and packing facility, workshop,

equipment and materials storage area, office and toilet. The building would be in

connection with a future organic vegetable farm. Your pre-application form raises three

questions:

Does the land benefit from agricultural permitted development rights?

Would the installation of mains services and workplace facilities in an agricultural

barn be allowed under agricultural permitted development rights?

Would the Authority consider the development favourably?

Agricultural Permitted Development

The farming of the land would not constitute development and as such planning

permission is not required for the vegetable farm.

Permitted Development Rights for agricultural buildings and operations are set out in the

Town and Country Planning (General Permitted Development) Order 1996, Part 6

Agricultural Buildings and Operations. The construction of buildings for the purposes of

agriculture within an agricultural unit can be permitted development, subject to satisfying

certain criteria. The legislation defines an agricultural unit as agricultural land which is

occupied as a unit for the purposes of agriculture. Therefore, in order to benefit from

agricultural permitted development rights the agricultural use (for the purposes of a trade

or business) must exist first. Planning permission would be required for the construction of

the building.

Planning permission isn’t generally required for the provision of services and utilities

however, should engineering works be required in order to provide these services, then

planning permission may be required.

Planning consideration

Principle of development

The site is located within a number of Local Development Plan designations, these include

Countryside, Green Belt, Special Landscape Area, SSSI, Landscape of Outstanding Historic

Importance. National and Local Plan policies relating to these designations generally seek to

protect the land in its current form.

Planning Policy Wales (Edition 11) states that the construction of new buildings in a Green

Belt or green wedge is inappropriate development unless it is for the following purposes:

• justified rural enterprise needs;

• essential facilities for outdoor sport and outdoor recreation, cemeteries, and other uses of

land which maintain the openness of the Green Belt or green wedge and which do not

conflict with the purpose of including land within it;

• limited extension, alteration or replacement of existing dwellings; or

• small scale diversification within farm complexes where this is run as part of the farm

business.

The Authority will want to ensure that only buildings required for a justified rural enterprise are

constructed in this sensitive location. An application should be supported by evidence which

demonstrates a business case for carrying out the agricultural enterprise and why the

building is necessary to the enterprise. It will also need to be demonstrated that there are no

other existing buildings in the locality that could be used to serve the agricultural enterprise. It

may be that the Authority considers it appropriate to only grant permission (if all other matters

are acceptable) on a temporary basis, in order for the agricultural enterprise to establish and

prove itself.

Design and appearance

If the principle of developing an agricultural building in this location is considered acceptable,

careful consideration will be given to the design and appearance of the building.

Policy SP5 (Countryside) states that development will only be permitted where is respects the

landscape character and biodiversity of the immediate and surrounding area and is

appropriate in scale and design. Policy SP6 (Green Belt) states that development which

prejudices the open nature of the land will not be permitted. Policy SP8 states that proposals

are required to contribute positively to the area through high quality design, materials and

management schemes that demonstrate a clear appreciation of the area’s special features.

An agricultural style building is likely to be in keeping with its rural surroundings, although the

choice of materials can greatly improve its visual impact. Efforts should also be made to keep

the scale and massing of the building minimised as much as possible. The Councils

Landscape Officer would require an informal version of a Landscape and Visual Appraisal

prepared by a professional landscape architect to be submitted with an application. The

appraisal should include assessment of the visual impact and examine various colour, texture

and material options. Consideration should also be given to positioning the building

perpendicular to the road. The appraisal should provide details of appropriate landscape

mitigation measures. This might include the gapping-up of existing hedgerows and the

provision of additional native landscaping.

Ecology

An application should be supported by an Ecological Impact Assessment Report (EcIAR)

produced by a suitably experienced ecologist. The EcIAR must be informed by a Preliminary

Ecological Appraisal and associated surveys (if required). The aim of the PEA will be to

identify ecological constraints on site, the need for further surveys (if required) and potential

to provide ecological enhancements. The report must also provide details of the mitigation

measures required and how they will be implemented. Reporting should be undertaken in

accordance with the Chartered Institute for Ecology and Environmental Management

(CIEEM) Guidelines for Ecological Impact Assessment in the UK and Ireland: Terrestrial,

Freshwater and Coastal (2016). Other surveys, if required, must be carried out in

accordance with the relevant best practice. The site is located within a SSSI so the report

must provide sufficient information confirming if the SSSI will be impacted. SSSI assent from

Natural Resources Wales may also be required.

Natural Resources Wales has advised that their records show there may be protected

species in the vicinity of the site (Noctule bat sighting less than 150m from the development

site). The PEA should identify whether a bat survey is required.

In line with national and local planning policy, the Authority has a duty under the Environment

(Wales) Act 2016, to ensure the development includes ecological enhancements to provide

biodiversity net gain. Suitable enhancements should be identified based on the findings of the

ecology surveys and should be proportionate and achievable within the scope of the

development (e.g. installation of bat and bird boxes). Enhancements must be shown on the

appropriate plans.

Trees and hedgerows

Any trees or hedgerows should inform the design layout of the building and any conflicts

between the building and trees/hedgerow should be designed out. Policy GP5 of the Newport

Local Development Plan criterion vii states that proposals must not result in the unacceptable

loss of or harm to trees, woodland or hedgerows that have wildlife or amenity value.

An application should be supported by hedge and boundary tree information in accordance

with BS 5837:2012 prepared by a Tree Consultant.

Highways

The site is located on B4239 Wentloog Road, a classified road with no footways or street

lighting and a 50mph speed limit where it passes the site.

An application should provide details of access to the site. Visibility splays of 2.4m x 160m

to comply with Table 2.10 Design Speed Related Parameters: CD 109 Highway Link

Design will be required. Information regarding rhe number of vehicle movements that

would be generated by the agricultural enterprise would also be required.

The site is located in Parking Zone 6 which requires that 100m2 of operational area and 1

parking space per 80m2 are provided to comply Newport City Council SPG Parking

Standards. As Wentloog Road is a classified road the site must provide on-site turning

allowing all vehicles to enter and leave the site in a forward gear.

General amenity

It would be beneficial if an application is supported by an adequate Construction

Environmental Management Plan to ensure the construction of the development does not

have any adverse impact on the local amenity.

The submitted information does not indicate the use of any external mechanical plant and

as there is cold storage within the design any external noise level emitted from plant,

machinery or equipment at the development should be lower than the typical existing

background noise level by at least 10dBA, as assessed according to BS4142:2014

Flood Risk

The Flood Risk Map confirms that the site lies entirely within Zone C1 of the Development

Advice Map (DAM) as contained in Technical Advice Note 15 (TAN 15).

TAN 15 paragraph 6.2 states that new development should be directed away from zone C

and towards suitable land in zone A, otherwise to zone B, where river or coastal flooding

will be less of an issue. In zone C the tests outlined in sections 6 and 7 will be applied,

recognising, however, that highly vulnerable development and Emergency Services in

zone C2 should not be permitted. All other new development should only be permitted

within zones C1 and C2 if determined by the planning authority to be justified in that

location. Development, including transport infrastructure, will only be justified if it can be

demonstrated that:-

i) Its location in zone C is necessary to assist, or be part of, a local authority regeneration

initiative or a local authority strategy required to sustain an existing settlement;

or,

ii) Its location in zone C is necessary to contribute to key employment objectives supported

by the local authority, and other key partners, to sustain an existing settlement or region;

and,

iii) It concurs with the aims of PPW and meets the definition of previously developed land

(PPW fig 2.1); and,

iv) The potential consequences of a flooding event for the particular type of development

have been considered, and in terms of the criteria contained in sections 5 and 7 and

appendix 1 found to be acceptable.

If the principle of constructing an agricultural building to support an agricultural enterprise

is considered acceptable, then the proposed development could be considered justified in

flooding terms, providing a Flood Consequences Assessment can demonstrate the

consequences of flooding can be managed.

Drainage

The proposed building includes the provision of a toilet. Details of foul drainage

arrangements should be submitted with an application. We will have regard to Welsh

Government Circular 008/2018 on private drainage, in particular paragraphs 2.3 to 2.5

which stresses that the first presumption must be to provide a system of foul drainage

discharging into a public sewer.

The proposed development will be subject to Schedule 3 of the Flood and Water

Management Act 2010 and will require SAB (SUDS Approval Body) consent in accordance

with the 'Statutory standards for sustainable drainage systems – designing, constructing,

operating and maintaining surface water drainage systems'. The SAB process is separate

from planning however, it is advised to consider a joined drainage-landscape strategy as

part of the planning process to ensure compliance of the landscape scheme with

Standards S4 (Amenity) and S5 (Biodiversity) of the SAB process.

The Councils SAB team offer a pre-application service, please see further information by

visiting the SAB website:

https://www.newport.gov.uk/en/Planning-Housing/Planning/Sustainable-drainage-

systems.aspx

Archaeology

The site is located in an Archaeologically Sensitive Area. We advise you to contact the

Glamorgan Gwent Archaeological Trust (enquiries@ggat.org.uk), they may advise that

archaeological investigation is required to be submitted with an application.

Submission

See the Development Management Manual, Section 7 and its associated Annex for the

basic validation requirements, namely:

• Application form

• Correct fee

• Site location plan

• Drawings

• Flood Consequences Assessment

• Tree/hedgerow survey

• Preliminary Ecological Appraisal & Ecological Impact Assessment Report

The following would also be required to allow proper assessment of the application:

• Scheme of ecological mitigation/compensation and enhancements

• Lighting scheme

• Construction Environmental Management Plan

• Informal Landscape Visual Impact Assessment

• Landscape-Drainage Strategy

• Business case for the agricultural enterprise

• Evidence that no other suitable buildings exist in the locality to meet the needs of the

agricultural enterprise

• Visibility splays and plans to demonstrate access and egress in a forward gear

• Detail of foul drainage

Conclusion

The principle of developing an agricultural building needs to be thoroughly justified before

the Authority can consider the positive determination of an application. All other matters

set out above would also need to be acceptably resolved.

While the Council will endeavour to keep pre-application enquiries confidential you should

be aware that if for any reason any request for submitted information to remain confidential

is subsequently found to be inadequate by the Information Commissioner, following any

request under the Freedom of Information Act 2000, the Council will not be held

responsible.

E-planning

We strongly encourage you to submit your applications to the planning department online

via the ‘Planning Portal’ (www.planningportal.gov.uk). This will save money on printing

costs and travelling/postage together with speed up the processing of your submission.

You can attach drawings and supporting documents, including a professional quality site

location plan; downloading the appropriate Ordnance Survey map and calculate the fees

as part of submitting your application online.

Yours sincerely

Gail Parkhouse

Gail Parkhouse

Senior Planning Officer/Uwch Swyddog Cynllunio

Regeneration, Investment and Housing / Adfywio, Buddsoddi a Thai

Newport City Council/ Cyngor Dinas Casnewydd